$4 million settlement in chimp attack lawsuit

Updated 12:07 am, Friday, November 30, 2012

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash on Friday, August 10, 2012. Court documents obtained by the AP on Thursday Nov. 29, 2012 show a settlement between Nash's family and Herold's estate was approved by the Stamford Probate Court on Sept. 25 and the two sides met on Nov. 13 to finalize it. less

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash on Friday, August 10, 2012. Court documents obtained by the AP on Thursday Nov. 29, 2012 show a ... more

Charla Nash at a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Court documents obtained by the AP on Thursday Nov. 29, 2012 show a settlement between Nash's family and Herold's estate was approved by the Stamford Probate Court on Sept. 25 and the two sides met on Nov. 13 to finalize it. less

Charla Nash at a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Court documents obtained by the AP on Thursday Nov. 29, 2012 show a ... more

Assistant Attorney General Maite Barainca speaks during a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Charla Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Assistant Attorney General Maite Barainca speaks during a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Charla Nash is seeking

Steve Nash, seated next to his sister, Charla Nash, gives a silent clap as attorney Charles Willinger wraps up his testimony during a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Steve Nash, seated next to his sister, Charla Nash, gives a silent clap as attorney Charles Willinger wraps up his testimony during a hearing before the state Claims Commissioner Friday, August 10, 2012 at the

Charla Nash attends a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Charla Nash attends a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the commissioner to sue the

Claims Commissioner J. Paul Vance Jr. speaks to Charla Nash's attorney during a hearing Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Claims Commissioner J. Paul Vance Jr. speaks to Charla Nash's attorney during a hearing Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash, following a hearing before the state Claims Commissioner Friday, August 10, 2012. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash, following a hearing before the state Claims Commissioner Friday, August 10, 2012. Nash is seeking

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash, following a hearing before the state Claims Commissioner Friday, August 10, 2012. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash, following a hearing before the state Claims Commissioner Friday, August 10, 2012. Nash is seeking

Charla Nash speaks to reporters following a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Charla Nash speaks to reporters following a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash, following a hearing before the state Claims Commissioner Friday, August 10, 2012. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Charla Nash leaves the Legislative Office Building in Hartford, Conn., accompanied by her brother Steve Nash, following a hearing before the state Claims Commissioner Friday, August 10, 2012. Nash is seeking

Charla Nash speaks to reporters following a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the commissioner to sue the state for $150 million in damages from a 2009 chimpanzee attack.

Charla Nash speaks to reporters following a hearing before the state Claims Commissioner Friday, August 10, 2012 at the Legislative Office Building in Hartford, Conn. Nash is seeking permission from the

Charla Nash, right, talks with attorney Bill Monaco before a hearing at the Legislative Office Building in Hartford, Conn., Friday, Aug. 10, 2012. Nash who was mauled in a 2009 chimpanzee attack is attending a hearing to determine whether she may sue the state for $150 million in claimed damages. (AP Photo/Jessica Hill)

Charla Nash, right, talks with attorney Bill Monaco before a hearing at the Legislative Office Building in Hartford, Conn., Friday, Aug. 10, 2012. Nash who was mauled in a 2009 chimpanzee attack is attending a

Charla Nash appears at hearing in Hartford, Conn. on Friday August 10, 2012 in front of the state Claims Commissioner who is deciding whether her $150 million lawsuit against the state will proceed. Her attorney Charles Willinger kneels in front of her before the hearing.

Charla Nash appears at hearing in Hartford, Conn. on Friday August 10, 2012 in front of the state Claims Commissioner who is deciding whether her $150 million lawsuit against the state will proceed. Her

Charla Nash in a 2007 photo next to the cage with the chimpanzee Travis. Travis mauled Nash in February 2009. While recognizing Charla Nash suffered “profound” injuries from an attack by a friend’s pet chimpanzee, the Attorney General George Jepsen’s office argues the state owes her nothing in part because of a loophole in law that allowed the animal to be kept in Stamford, according to a memorandem filed Friday April 13, 2012.

Charla Nash in a 2007 photo next to the cage with the chimpanzee Travis. Travis mauled Nash in February 2009. While recognizing Charla Nash suffered “profound” injuries from an attack by a friend’s pet

Undated photos provided Thursday, Aug. 11, 2011 by the Nash family and Brigham and Women’s Hospital show chimpanzee attack victim Charla Nash before she was attacked by a chimpanzee and a recent photo release by the hospital Thursday Aug. 11, 2011 showing Nash after face transplant surgery, right. Nash was mauled by a chimpanzee in 2009 and received the transplant in May 2011 at Brigham and Women’s Hospital in Massachusetts. Nash, 57, said in a statement she's looking forward to doing things she once took for granted, including being able to smell, eat normally, speak clearly and kiss loved ones. (AP Photo/Brigham and Women’s Hospital, Lightchaser Photography)

Undated photos provided Thursday, Aug. 11, 2011 by the Nash family and Brigham and Women’s Hospital show chimpanzee attack victim Charla Nash before she was attacked by a chimpanzee and a recent photo release

For Charla Nash, who was blinded, lost her hands and underwent a full face transplant after she was mauled by a crazed chimp in Stamford more than three years ago, every day is a battle for dignity and survival.

But on Thursday, one of those battles -- a fight between the estate of the animal's now-dead owner, Sandra Herold, and Nash's attorneys over a lawsuit filed after the attack -- was settled, as the two parties reached a nearly $4 million agreement, giving her some needed financial help.

Filed in Stamford Probate Court, the settlement agreement calls for Herold's estate to provide Nash with $3.4 million in real estate, $331,000 in cash, $140,000 in machinery and equipment and $44,000 in vehicles, according to court documents obtained by The Associated Press.

"In the scheme of things (the money) is totally inadequate to address Charla's medical needs, lifestyle needs, and the pain and suffering she has endured," said Bridgeport lawyer Charles Willinger, who represented Nash. "It is almost impossible to calculate a dollar amount of damages sustained by Charla. Unfortunately, Sandra Herold's estate was limited in funds."

The lawsuit was filed in 2009 on behalf of Nash by her brother, Michael Nash, in state Superior Court in Stamford. They were seeking $50 million in damages.

"I am not at liberty to go into the details," Leydon said Thursday afternoon. "But my clients and I feel it was a fair compromise on all sides and we are pleased to resolve the matter."

Leydon had argued that Herold's estate couldn't be sued because Charla Nash was an employee of Herold and any claims were a worker's compensation matter.

Nash, 57, formerly of Stamford, now lives in a nursing facility outside of Boston. In February 2009 she was brutally attacked by Travis the chimpanzee outside a North Stamford home after the 200-pound primate went berserk, ripping off Nash's nose, lips, eyelids and hands before it was shot by a police officer. Nash had gone to the house to assist the chimpanzee's owner, a friend who she also had worked for.

Since the attack, Nash has had several surgeries, including a face transplant in 2011.

"She has good days and bad days," said Willinger. "She has had, and continues to have, a number of procedures. She is a very courageous woman and overall she's holding up all right.

"Her world is very limited; She's a lonely person right now," Willinger said.

Nash lives in total darkness, without hands, and is permanently scarred emotionally, psycholically and physically, her attorneys say.

"She'll never be able to see (daughter) Briana and, maybe even worse, she'll never be able to hold her hand," Willinger said in August.

The Nash family has sought to file a lawsuit against the state Department of Environmental Protection for $150 million, but is waiting for permission to do so from the state claims commissioner. The state is immune from lawsuits without the claims commissioner's approval.

"We believe that the most-culpable entity is the state of Connecticut DEP," Willinger said Thursday. "They permitted Sandra Herold to possess the chimp, which she had no business possessing. We will vigorously continue to pursue our case against the state."

In August, the state's attorney general, George Jepsen, filed a motion to dismiss the lawsuit. A hearing was held then in Hartford, and the claims commissioner, J. Paul Vance Jr., has yet to make a decision on the motion.

"I feel the DEP failed to do their job, and as my lawyers have stated, I hope and pray that the commissioner will give me my day in court," Nash told reporters after the August hearing. "And I also pray and I hope this never happens to anyone else again. It's not nice."

The state has argued that the DEP, now known as the Department of Energy and Environmental Protection (DEEP) would likely have had to take Herold to court over Travis, and that outcome would have been uncertain, given the primate did not have a record of dangerous incidents.

Travis had starred in TV commercials for Old Navy and Coca-Cola when he was younger and made an appearance on the "The Maury Povich Show." The chimpanzee was the constant companion of the widowed Herold and was fed steak, lobster and ice cream. The chimp could eat at the table, drink wine from a stemmed glass, use the toilet and dress and bathe himself.

A month after the mauling, Nash's family sued Herold for alleged negligence and recklessness. The lawsuit alleged Herold knew Travis was dangerous but failed to confine him to a secure area and allowed him to roam her property. It also claimed Herold gave the chimp medication that exacerbated his "violent propensities."

Herold died in May 2010, complicating the legal process.

Travis had previously bitten another woman's hand and tried to drag her into a car in 1996, bit a man's thumb two years later and escaped from her home and roamed downtown Stamford for hours being captured in 2003, according to the lawsuit.